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A Study of Islamic Family Law in Malaysia: A Select Bibliography
Abstract
Islamic Family Law is one of the most studied fields in Malaysian law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Malaysia. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the law inter alia, legal, socio-legal, comparative, and anthropological and sociological perspecitves. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to further strengthening the administration of justice and the implementation of the law. As such, this paper is intended to describe the trends in the area of Islamic Family Law. Doing so will assist in ascertaining the direction of this field in the future.
... The provisions for the application to be made on prescribed forms have been followed in Selangor in 1962, in Negeri Sembilan in 1963 and in Perlis in 1963 [24-31-39]. The attempt to control the practice of polygamy has been put into consideration in Malaysia, especially in Selangor and Negeri Sembilan, where it is required for a man who is already married to declare in the application form that he has done so, and this, as well, is also subjected to further inquiries [24][25][26][27][28][29][30][31][32][33][34][35][36][37][38][39]. In Sarawak the Undang-Undang Mahkamah Melayu, Sarawak, provides that a person is permitted to marry more than one wife if he is able to affirm that he is capable of providing the sustenance and maintenance required for having more than one wife. ...
... The Qadi will then call for the attention of both parties in order to inquire into the matter; and only after the inquiry will the divorce be registered and become effective. In Selangor it is expressly provided that no divorce may take place unless it is done before a Qadi and no divorce or pronouncement of divorce will be effective unless the wife agrees to the divorce and the Qadi has approved it [24][25][26][27][28][29][30][31][32][33][34][35][36][37][38][39][40]. In Perlis it is enacted in 1963 that on an application by a husband for permission to divorce his wife, the Qadi shall for the purpose of effecting a peaceful reconciliation between them make such inquiries with respect to the applicant and his wife as he may deem it fit, and he may not grant any permission for divorce unless he is convinced that no reconciliation is imminent. ...
... Therefore, the practice of implementing a forced marriage on the sayyids' daughters to men who are non-sayyids were quite unacceptable to them. Their feat was justified on the bases of the power given by the established ordinances to the father and parental grandfather that they can marry off their daughters to whomever they like without their consent because they are classified as wali mujbir in accordance with the Shafi'i school of law [26][27][28][29][30][31][32]. ...
The Predominance School of Law in Malaysia today is the Madhhab Shafi‘i. However, several criticisms have been leveled against the exclusive reliance on this School of Law on the argument that it gives room for unnecessary restrictions of freedom, considers some tribes to be special and treats the females unfairly, especially in the matters of Islamic family laws related to polygamy, matrimonial property and divorce. The Religious Departments at various levels in Malaysia were also accused of ignoring this legal conundrum, like those inherited from the polygamous and divorce laws, which as perceived by many, could not only lead to exploitation of the women by irresponsible men but may also favours the husbands in matters of adjudication. This paper attempts to unveil the potential legal intricacies inherited from the Malaysian Family Law through a critical examination of the contending issues raised against it. Thus, such a kind of examination is not only expected to uncover the mix methods used in codifying these laws but, also, will appraise the extent of their compatibility or otherwise to the maqāsīd al-Sharīʿah (the objectives of Islamic Law) and the contemporary International Human Rights Law. In doing so, suggestion on how those laws could be improved upon in order to be in conformity with the objects of Islamic law and the human rights standard will be put forth.
... Among the most popular Malay Jawi Kitab is Sirat al-Mustaqim, 1644 by Sheikh Nuruddin al-Raniri, Sabil al-Muhtadin 1780 by Sheikh Muhammad Arshad al-Banjari and also Furu' al-Masail by Sheikh Daud al-Fatani. (Abdul Kadir Muhammad 1996) The Muslim community did not encounter any difficulties in complying with the Islamic rules as there were several books that existed in old Jawi written by Islamic scholars of the region on Islamic jurisprudence based on the Shafie school of thought (Abdullah 2007). On the other hand, the British Administrators in performing their duties were involved in a number of matters pertaining to the questions of laws of the Malay Muslim community, in particular, matters with regard to the family. ...
... The requirement of this administration finally caused a few of the British administrators to observe further the practices of the Malay community and the uniqueness of the Malay customs in particular pertaining to its family relationship, which is matrilineal in nature. They discussed several rules in respect of personal affairs, maternal relatives of the Malay community and also matters regarding land and jointly acquired properties (Abdullah 2007). Among the earliest work in customary law in relation to Shariah, particularly in family matters, can be seen in Taylor's (Taylor 1937, 1948 and Parr and Mackray's (Parr and Mackray 1910, 114) writings which were published in Journal of Malayan Branch of Royal Asiatic Society (JMBRAS). ...
This study presents the result of various bibliometric patterns of articles published by the Jurnal Syariah for the period of 1993-2007. This Malaysian academic journal is devoted to the field of classical Islamic Law and its applications in modern times today. Data from each selected issue of the Jurnal Syariah were collected and statistically analysed using the Statistical Product and Service Solutions (SPSS). The study looked at variables which include authorship patterns, length of articles, number of articles published, author productivity, contributing institutions and subject area patterns. Among the significant findings are that single authorship is prevalent and accounted for about 90% of the articles published and the total number of articles published for the period of 1993-2007 was 285 articles. It was found that 89% of the articles were published in the Malay language . As for the references used, 98% were books, and 39% were journals cited. This study has demonstrated that despite its fifteen years of existence and multidisciplinary approach, contributors and citations of this journal has not yet international. Henceforth, this article provides significant suggestions and strategies for the future of the Jurnal Syariah.
... Muslims are governed under the Islamic family law which is based on Shariah law. This includes matters relating to marriage, divorce, custody and maintenance of wife and children (Abdullah, 2007). The principles of Islamic law are applied to issues concerning the maintenance of wives by the Quranic teachings and the Hadith. ...
... Abdulqadir (2000)found on Muslim Ummah, and its importance of establishing peace and stability. Raihanah (2007) stated on the impact of family law studies to the societythis include male and female. Therefore, this papers contribution will be on the life of Muslimfemale students of selected higher educational institutions in North western Nigeria. ...
This paper aims at introducing the concept of learning styles and their utilities and their
fundamental role in the learning process in general, and in the case of MOOCs in particularly. In the theoretical context of our research project: "Developing an adaptative cMOOC to the Abdelmalek Essaâdi University (UAE) students’ needs". The choice of a model or other will have no meaning without going through a descriptive study of the most important models that have emerged. This article represents the first production of this study.
... Abdulqadir (2000)found on Muslim Ummah, and its importance of establishing peace and stability. Raihanah (2007) stated on the impact of family law studies to the societythis include male and female. Therefore, this papers contribution will be on the life of Muslimfemale students of selected higher educational institutions in North western Nigeria. ...
The paper explore the current state of knowledge sharing (KS) and team culture (TC) as antecedents of service innovation performance (SIP) in the South African hospitality sector. Descriptive analysis and reliability statistics were applied to the data collected.Although respondents agreed mostly positively to KSand SIP explanatory items; however TC (a moderator for KS and SIP)was not very strongly agreed to as depicted by the lower mean scores of TC explanatory items compared to the mean scores of KS and SIP explanatory items. This study posits that organisational culture affects employees’ knowledge sharing attitudes and behaviours, impacting on SIP. To enhance SIP in the South Africa’s hospitality sector, strong TC has to be supported to encourage KS among team members and between superiors and subordinates.
... Hashim & Endut, 2005); domestic violence management in health care settings (Othman & Mat Adenan, 2008;Wong & Othman, 2008;Colombini, 2007); the prevalence of domestic violence (WAO of Malaysia, 1995;Norasikin, 2002;Jamayah et al., 2005;Jahanfar et al., 2007); cross-cultural and religion issues pertinent to domestic violence (Abdul Halim, 2010;Bagshaw, 2008;Abdul Majid, 2004); legal provision of domestic violence (Abdullah, 2007;Amirthalingam (2005); housing needs for abused women (WAO of Malaysia, 2000;Mohd. Yusoff, 2002) and the provision of refuge services (Putit, 2008;Ivy, 2001). ...
Very little is known about the actual living experiences of Malaysian women who are in a domestic violence relationship. This current study attempts to redress this shortfall by listening to the women s stories, understanding their home-life situations and ultimately offering ideas, strategies as well as information to prevent domestic violence in Malaysia. Underpinned by a feminist perspective, a qualitative approach was employed to explore the abused women s accounts in relation to domestic violence impacts, barriers to violence disclosure, as well as useful resources for support of women victims in dealing with domestic violence. Semi-structured interviews were conducted with 25 women who identified themselves as victims and survivors of domestic violence perpetrated by their husbands/ex-husbands.
Via the analysis of thematic, six major themes were identified to be the impact of domestic violence, as described by the participants. The impacts include physical injuries, mental health problems, social isolation, a growing faith as well as adverse effects on the children and on the women s self-worth. The study also found that many of these abused women were reluctant to disclose abuse because they wanted to conceal those violence experiences from others because of Malaysian perception on disclosing marital affairs, they were concerned about the children s well-being, they felt partly responsible in provoking the violence, and they admitted to lacking knowledge on the provisions of support available for domestic violence victims in the country. From other aspect, the women also struggled to avoid negative labels given for being disrespectful to their men. In addition, the findings revealed four main themes related to the underlying issues on the needs and support of domestic violence service provisions that women drew on in their accounts: theme 1, unpleasant experiences when accessing the services; theme 2, the problems with procedures in disclosing and in the help-seeking process; theme 3, the usefulness of services and theme 4, women s needs and support mechanisms. As a review, the results gained from this present study prove the existence of domestic violence in Malaysian families. Indeed, the interference of cultural values as well as religious beliefs upheld by the Malaysian community was greatly associated with its occurrence.
In relation to Malaysia, cultural as well as religious beliefs play a significant role in moulding its people. The results presented seem to add interesting knowledge to the existing literature, where battered Muslim women in Malaysia perceive their violence experiences as a motivation to surrender themselves to God and seek spiritual assistance as one of the impacts due to domestic violence problems. Further, the women s misapprehension of Islamic concepts such as disobedience and nusyuz (to the male partner) has made disclosing violence experiences difficult. Over and above this, the researcher found that the mechanisms of domestic violence resource provisions are worthy of investigation. The findings from this research demonstrate helpful and unhelpful provision of services identified by abused women, in particular relating to institutions in the nation. Prior to ending, this research proposes a number of recommendations for change in regards to formal supportive network resources, education on violence against women at the societal level, as well as the implication of the findings for the development of domestic violence social policy and practise in Malaysia.
... Pada awal abad ke-20 atau sebelum tahun 1920-an pandangan masyarakat Melayu tentang perempuan masih terkungkung oleh norma-norma masyarakat. Sehingga mereka memandang rendah terhadap golongan perempuan dan beranggapan bahawa tugas perempuan hanya sekitar fungsi biologis dan sosial saja (Abdullah, 2007;Midawati & Buang, 2017). Oleh karena itu hanya anak laki-laki saja yang banyak bersekolah, sedangkan anak perempuan hanya diajar di rumah dengan adat dan kepercayaan tradisional oleh ibu mereka yang juga buta huruf (Boserup, 2007). ...
... Also, they have given examples of legal reform concerning financial support that have not benefited women during marriage, after divorce, or regarding custody and other claims after divorce (Abdullah & Khairuddin, 2009;Fawzy, 2004;Mir Hosseini, 1993;Pearl & Menski, 1998). In addition, its implementation has also been criticized, for instance, Moors has pointed out that this was stalled because of the attitude of the judiciary (Abdullah, 2007;Abdullah, 2001;Moors, 1999). Socio-economic factors have also been considered to contribute to the ineffectiveness of legal reform, in particular for women. ...
This article looks at the application of Islamic Family Law through decisions of the courts on matters of financial support for Muslim women after divorce in Bangladesh and Malaysia. The selection of the two countries was deliberate in that both are former British colonies with Muslim majority populations. In addition, both have ratified the United Nation's Convention on the Elimination of All Forms of Discrimination on Women (CEDAW), with reservations. Comparative generalization is made, wherein selected cases of alimony in both countries are analysed. Although Bangladesh and Malaysia are both Muslim countries, there are differences and similarities in how the courts in both countries construe legal provisions in making rulings. The differences, as reflected in their decisions, are influenced by various factors, most notably relating to socio-cultural aspects.Abstract in Bahasa MalaysiaArtikel ini meninjau aplikasi Undang-undang Keluarga Islam melalui analisis keputusan mahkamah di dalam perkara berkenaan nafkah untuk wanita Islam selepas perceraian di Bangladesh dan Malaysia. Pemilihan dua negara ini adalah khusus memandangkan keduanya adalah negara bekas jajahan British dengan populasi yang majoritinya adalah orang Islam. Tambahan pula, kedua negara ini juga telah menandatangani perjanjian United Nation's Convention on the Elimination of All Forms of Discrimination on Women (CEDAW), dengan beberapa pengecualian (reservasi). Perbandingan umum digunakan, di mana kes-kes terpilih dalam perkara nafkah di kedua-dua negara telah dianalisa, Walaupun Bangladesh dan Malaysia keduanya adalah negara majoriti Muslim, terdapat persamaan dan perbezaan di dalam prosedur di mahkamah terutama bagaimana mahkamah di kedua-dua negara mentafsirkan peruntukan undang-undang dalam membuat keputusan. Perbezaan ini, dapat dilihat di dalam keputusan-keputusan mahkamah yang banyak dipengaruhi pelbagai faktor. Antara faktor utama adalah berkaitan aspek sosio-budaya.
Polygamy can be practised among Muslim in Malaysia according to certain requirements under Islamic Family Law of each States. Misconception of polygamous marriage leads to misapplication of polygamy by marriage abroad, syndicate polygamy, and anti-polygamy. This research aims to explain the right concept of polygamous marriage in socio-legal context of Malaysia. This research is a descriptive study based on the previous research on socio-legal context of polygamous marriage in Malaysia and the role of Shariah Court in deciding polygamy application under Section 23 of IFLA. This research analyses the provision under Section 23 of Islamic Family Law (Federal Territories) Act 1984 (referred as IFLA) on the power of Shariah Court in the application of polygamy with decided cases. This research found that according to Section 23 of IFLA, polygamous marriage in Malaysia is permissible but not an individual right of man. It is a public right given by the State through Shariah Court. Polygamy without Court permission is an offence and could affect the life after marriage. The Court has to decide the application of polygamous marriage based on public interest rather than individual interest to preserve the welfare of all parties involved. Therefore, this demonstrates that the procedure for polygamy in Malaysia is more bureaucratic compared to neighboring countries, such as Indonesia. This complexity is strongly guarenteed by penalty under Section 123. [Poligami dapat dilakukan di kalangan Muslim di Malaysia sesuai dengan persyaratan tertentu di bawah Undang-Undang Keluarga Islam di setiap Negara Bagian. Kesalahpahaman tentang pernikahan poligami menyebabkan penyalahgunaan poligami melalui pernikahan di luar negeri, sindikat poligami, dan anti-poligami. Penelitian ini bertujuan untuk menjelaskan konsep yang benar tentang pernikahan poligami dalam konteks sosio-legal di Malaysia. Penelitian ini adalah studi deskriptif berdasarkan penelitian sebelumnya tentang konteks sosio-legal pernikahan poligami di Malaysia dan peran Mahkamah Syariah dalam memutuskan permohonan poligami di bawah Pasal 23 IFLA. Penelitian ini menganalisis ketentuan di bawah Pasal 23 Undang-Undang Keluarga Islam (Wilayah Persekutuan) Tahun 1984 (disebut sebagai IFLA) tentang kekuasaan Mahkamah Syariah dalam penerapan poligami dengan kasus-kasus yang telah diputuskan. Penelitian ini menemukan bahwa menurut Pasal 23 IFLA, pernikahan poligami di Malaysia diperbolehkan tetapi bukan merupakan hak individu pria. Ini adalah hak publik yang diberikan oleh Negara melalui Mahkamah Syariah. Poligami tanpa izin Mahkamah adalah pelanggaran dan dapat mempengaruhi kehidupan setelah pernikahan. Mahkamah harus memutuskan permohonan pernikahan poligami berdasarkan kepentingan umum daripada kepentingan individu untuk menjaga kesejahteraan semua pihak yang terlibat. Oleh karena itu, itu membuktikan bahwa prosedur untuk poligami di Malaysia lebih birokratis dibandingkan dengan negara-negara sekitarnya, seperti Indonesia. Kompleksitas ini dijamin pula dengan ancaman hukuman berdasarkan Pasal 123.]
The evolution of Islamic Family Law in Malaysia is a nuanced amalgamation of Malay customs, cultural influences, and Islamic jurisprudence. Rooted in the history of Malaya, the formation of current Islamic Family Law reflects the fusion of these elements. This study delves into Daud Abdullah Al-Fatani's seminal work Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim, a pivotal contribution to Malaysian Islamic jurisprudence. Comparing Al-Fatani's insights with those of scholars from diverse schools of thought and contemporary Islamic Family Law enactments, the focus remains on key issues such as Zihār, Khiyar, and Nusyuz. The study reveals that Al-Fatani's perspectives transcend strict adherence to the Al-Shafi‘i school, while aligning with the Islamic Family Law (Federal Territories) Act 1984. His views on marriage dissolution and wife’s disobedience are influenced by Malay culture, while maintaining fidelity to the Qur’ān and Sunnah exemplified by his stance on Zihār. This resonates in Malaysia's current Islamic Family Law which is not rigidly bound to the Al-Shafi‘i school but intricately considers cultural conditions.
Malaysia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995 with several reservations. Among the reservations made are Article 16 of CEDAW in which the article stated that women should have the same rights with men in marriage and family relations. It was contended that the reason for the reservation made is due to the contradictory element of this article with the application of Islamic law or Shariah. Therefore, this study examines the position of Islamic Family Law (Federal Territories) Act 1984 (IFLA) and CEDAW. It is to determine whether Article 16 of CEDAW contradicts with the provisions of IFLA. This study also scrutinizes whether the reservations entered by Malaysia under Article 16 are in line with the object and purpose of CEDAW which is to eliminate de facto and de jure discrimination against women. This study explores whether the provisions under IFLA and CEDAW on the equality between women and men in marriage take into consideration different biological function of women and men. The methodology used in this study is qualitative method by referring to the discussion of previous articles, official reports and official website on women's rights. It is found that IFLA and CEDAW could be harmonised in acknowledging biological differences between women and men. However, the wording of same rights under Article 16 contradicts with the concept of gender equality under IFLA which is not necessarily to be achieved through the concept of sameness. Therefore, the reservations made by Malaysia into Article 16 of CEDAW are necessary to uphold de facto equality between women and men in marriage. The reservations are in line with the object and purpose of CEDAW through substantive equality. IFLA and CEDAW are harmonised in acknowledging different biological nature of women and men and application of substantive equality. Thus, it is suggested that the word 'same' under Article 16 should be replaced with the word 'equal' in order to accommodate the differences between women and men. In spite of that, gender equality in the context of Malaysia is critically needed to be defined in order to eliminate discrimination against women legally, socially and economically.
This article discusses how the Quran is used to conceptualize family in Islam in modern Southeast Asia, particularly in Indonesia and Malaysia. It examines how the concept is formulated, institutionalized, and practiced. This study is important due to the need to clarify the existing irony. On one side, the family concept is the most resistant to change, on the other side, many changes in social forces and practices require response since the modern era began in 1800. It is interesting how these contradictory powers interact with one another, where the Quran is used as the fundamental source. Using a descriptive and analytic method, the discussion is organized as follows: the study context, topic limitation, Quranic norms, family administration, education, modernity, and patriarchy issue. The study finds that the state and Muslim scholars in both countries have been trying to re-use the Quran in contextualizing the family ideal concept to meet the demand of age. In Malaysia, they take the policy stuck to the accepted medieval understanding of Islam faithfully, whereas in Indonesia, they are a bit inclusive, accepting different views and practices; even though both have similar understanding of Islam, Shāfi’iyyah in Islamic law and Ash-Ashariyyah in theology. Dalam Islam di Asia Tenggara modern, Quran digunakan untuk konseptualisasi keluarga khususnya di Indonesia dan Malaysia. Studi ini mengkaji konsep tersebut dirumuskan, dilembagakan, dan dipraktikkan. Penelitian ini penting karena memperjelas ironi yang ada. Di satu sisi, konsep keluarga paling tahan terhadap perubahan, di sisi lain, ada banyak perubahan kekuatan dan praktik sosial yang membutuhkan respons, sejak 1800. Sangat menarik untuk dibahas kekuatan yang kontradiktif ini berinteraksi satu sama lain, dimana Quran digunakan sebagai sumber inspirasi. Dengan metode deskriptif dan analitik, penelitian diatur sebagai berikut: konteks kajian, keterbatasan topik, norma Quran, administrasi keluarga, lembaga pendidikan, modernitas, dan isu patriarki. Studi menemukan bahwa negara dan cendekiawan Muslim di kedua negara telah berupaya menggunakan kembali Quran dalam kontekstualisasi konsep ideal keluarga untuk memenuhi tuntutan usia. Di Malaysia, mereka mengambil kebijakan yang melekat pada pemahaman abad pertengahan yang diterima tentang Islam, sedangkan di Indonesia lebih inklusif, menerima pandangan dan praktik yang berbeda, meskipun keduanya memiliki pemahaman serupa tentang Islam, yaitu Shāfi'iyyah dalam hukum Islam, dan Ash-Ashariyyah dalam teologi.
The Malays are the main ethnic group of Malaysia, representing 50.4% of the total population and 63.1% of the population distribution in Peninsular Malaysia. They are among the identified bumiputera, together with the Orang Asli in Peninsular Malaysia and indigenous groups in Sarawak and Sabah. This discourse study relates to the cultural identity of the Malays and investigates their ethics and values from social constructionist approaches. Cultural identity includes the cultural background, religion/spirituality and socialisation. This research concurs with other studies that the Malay culture was characterised by a mix of animism, Hinduism and Buddhism, although the Malays have been identified with Islam as their religion. There are still remnants of animistic and Hinduistic beliefs and practices in the Malay Muslim life, especially in the practice of adat. While adat is a cultural and legally-defined element of the Malays in identity, the foundation of Malay ethics and value system is budi-Islam, adab and akhlak.
Since 2005 and recent years, takaful product is getting attention and growing substantially due to people are vulnerable to health risk especially women. Irony, the offering product takaful for women can managing their risk in financing, critical illness and so on. This study used content analysis on six product disclosure sheet of takaful that offered by four takaful operators. In addition, the researcher also have collected data through interview with Shariah officers, product development officers and takaful agents to understand the whole structure of the product. This finding of this study shows that takaful product for women is in line with Maqāṣid al-Sharī‘ah.
ÖZ Çalışmanın konusu, “yeni içtihat ve kanunlaştırma” döneminin ürünleri
olan Hukuk-ı Aile Kararnamesi ile Malezya İslam Aile Hukuku (Federal Bölge)
Kanunu 1984’ü bütün olarak kıyaslamaktır. Çalışma ile İslam hukukunun dogmatik
yapısının ve içtihâdî özelliğinin anılan kanunlara yansımaları gözlemlenmiştir.
Daha önce böylesi bir kıyaslamanın yapılmaması, işbu çalışmayı nispeten
orijinal kılmaktadır. Çalışmada hem kanun hükümlerine hem de uygulamaya
yer verilmiştir. Varılan sonuçlar şu şekilde özetlenebilir: İki ülkeyi aile hukukunu
kodifiye etmeye iten ortak gerekçe ve tespitler olduğu gibi farklı nedenler
de söz konusudur. IFLA 1984, HAK’a nazaran toplumda daha iyi karşılık
görmüştür. Her iki kanun, devletin aile hukukunu kontrol edecek mekanizmaları,
İslam hukukunda bu yönde zorlayıcı bir hüküm olmamasına rağmen, sıkı ve
detaylı bir şekilde düzenlemiştir. İki kanun da anılan dönemde dört Sünni mezhebin
görüşlerine dayanmışlardır. HAK tecrübesi ve onun açmış olduğu ufkun
IFLA 1984’e faydası olduğu görülmektedir. Ailevi ilişkileri düzenleyen normlar, tek çatı altında, derli toplu, modern tarzda, dört Sunnî mezhepten istifade
edilerek, toplumda meydana gelen sosyo-ekonomik, kültürel değişimler göz
önünde bulundurularak net bir şekilde düzenlenmelidir.
ABSTRACT The subject of the study is to compare Hukuk-ı Aile Kararnamesi and the
Malaysian Islamic Family Law (Federal Territory) Act 1984 which are the
product of “new jurisprudence and legislation” period of Islamic Legal History.
The study reveals the effects of dogmatic and jurisprudence characteristic of
Islamic law on these enactments. The fact that such a comparison has not been
made before makes this work relatively original. In the study, both the articles
of the enactments and the practices of them are given. The results obtained with
the study are as follows. There are common reasons and determinations that
lead the two countries to codify family law and also there are different reasons.
IFLA 1984, compared to the HAK, has received better response in the society.
Both enactments regulate the articles for the government to control family law
in a strict and detailed manner, although there is no mandatory provision in
Islamic law. The two laws were based on the views of four Sunni sects in the
period mentioned. The experience of HAK and its opening horizon seem to
benefit IFLA 1984. The norms regulating familial relations should be regulated
clearly, under one enactment, in modern style. Also these kinds of norms should
take into account the socio-economic and cultural changes taking place in the
community and use use of four Sunni jurisprudence.
Marriage is defined as a contract in Islamic and Jewish law, while the positive English and Welsh legislation does not provide the definition of marriage, but by analysing the normative acts we draw a conclusion that marriage is a legally regulated union of two people, and that in the eyes of the state marriage represents a legal status. In countries in which Muslims live and reside, and whose positive legislation is analysed through this article, it is basically not digressed from the definition of marriage given in the codification of Islamic family law conducted by an Egyptian scholar Muhammad Qadri Pasha. While Egyptian and Moroccan normative acts defined marriage as a contract, the laws of India, Pakistan and Malaysia do not define marriage, but their interpretation leads to a conclusion that marriage represents a contract between a man and a woman. Jewish religious law defines marriage as an oral agreement, even though the newlyweds sign a type of document, known as “ketubah”, which is defined and treated as a prenuptial agreement due to its content. When it comes to divorce, the similarity between the Islamic and Jewish law is reflected in the fact that the man has the right to divorce without providing an explanation why he wants to get a divorce, and the difference between the Islamic and Jewish law is in the fact that the Islamic law, meaning positive legislation of Muslim states, provides a possibility for the woman to ask for a divorce but only for specific reasons and under certain conditions, while the Jewish law does not provide such an option for the woman. All Muslim states that are subject of research in this article have recognised the danger and the consequences of potential abuse of the man’s right to divorce, which is why they resorted to certain legislative solutions.
Keywords: concept of marriage, marriage law, family law, Islamic law, Jewish law, English law
The primary aim of this article is to explore and analyse the experiences of foreign Muslim workers in a diverse internationally staffed organisation. The specific objectives are threefold: (i) to understand the major triggers and consequences of negative stereotypical views towards Muslim workers, (ii) to identify institutional and external forces that shape Muslim workers’ experiences at work and (iii) to uncover the ways in which Muslim workers respond to the existing multi-level organisational challenges faced at work. It adopts a qualitative ethnographic methodology to examine the dynamics of workplace relationships in a large diverse internationally staffed organisation with operations in recruitment services for both individual (private) and commercial clients. The inductive analysis of the qualitative data suggests that negative stereotypical views of religious minority results in both implicit and explicit forms of job discrimination against ethnic minorities and that the latter is largely perceived to cause their undesirable experiences and economic disadvantages. One concrete outcome of undesirable experiences of Muslim minority workers is reported to be their definite willingness and strong inclination towards ‘silence’ and ‘inward integration’. The article concludes with several working propositions and discusses the practical implications of the findings for HR diversity management.
This paper explores how lawyers have adapted to requirements of mediation in litigation and suggests that they have found a way to conduct "business as usual" while complying with the new regime of court-connected ADR.
The Malays in Malaya did not become Muslims until comparatively recent times and it is generally accepted that the Malays were not Muslims at the time when they migrated from Sumatra. When they came to Malaya they brought with them and preserved much of their ancient customary law. Muslim law has been superimposed on this. Although the Malays are generally strict Muslims they have never adopted the whole of the Muslim law, and the Muslim law which is applied in Malaya is Muslim law varied by Malay custom.
Generally speaking, intensity of restraint in a weld joint increases according to the decrease of temperature. In many cases, however, the intensity of restraint is defined by the final value of it.In the present paper, considering the change of restraint during welding, relations between shrinkage speed and cracking during and after welding were investigated.In the previous report, experiments were conducted under the condition such that the speed of shrinkage is kept almost constant and it was reported that cracking is occurred in narrow range of temperature for both weldments of a mild steel and a high strength steel. However, in this report, the effects of shrinkage speed were investigated for both weldments of a mild steel and a high strength steel of 60 kg/mm2 strength level.The results obtained are as follows ;(1) Shrinkage speed and magnitude of reaction stress were widely changed by changing the gauge length of restraint, and weld cracking was occurred in wider range of temperature.(2) In mild steel weldments, weld crack is occurred only during cooling and crack intiation is not observed after cooled to room temperature.(3) However, in high strength steel weldments, crack initiation is observed during cooling and also after cooled to room temperature.(4) Especially the cracking after cooled to room temperature occures at a lower reaction stress range and the incubation period for these crack initiations (abont 20 hours after welded) was measured.The incubation time is insensitive to the applied reaction stress. Such cracking would be “Delayed failure” by hydrogen embrittlement.
The author discusses the complex ways in which a multiplicity of conflicting laws relevant to marriage and divorce have affected Malaysian women, both Muslim and non-Muslim. Further, it examines efforts to standardize statute and practice in these areas from the 1970s to the present. It focuses in particular on multiple marriage statutes in effect until 1970 for Chinese and Hindu Malays and on the Law Reform Act 1976 that attempted to regulate customary marriage practices for non-Muslims. It also examines the codification of Islamic family law in the 1980s as a way of clarifying the legal rights of Muslim women, focusing on the Kelantan Island Family Law Enactment 1983. It also describes political action by women in Malaysia to raise public awareness about domestic violence, to amend the Penal Code on matters of violence against women, and to establish a training program for police in rape investigation.
INTRODUCTION I 1. THE STRUCTURE OF SINGAPORE MALAY SOCIETY 3 2. KINSHIP 23 3. THE HOUSEHOLD 52 4. MARRIAGE 66 5. CHILDREN: BIRTH, ADOPTION, SOCIALIZATION 88 6. DIVORCE 110 7. CONCLUSION 141 LIST OF WORKS CITED 148 INDEX I50
INTERACCIONES VERBALES Y CONSTRUCCION DE LA HUMILLACION EN LOS JOVENES DE LOS BARRIOS DESFAVORECIDOS Presentadas a menudo de manera caricatural y estereotipada por las masmedia, las practicas discursivas de los jovenes de los ambitos populares salidos de la inmigracion se articulan frecuentemente con nociones claves : respeto y humillacion, consideracion y desprecio. Reflejo o eco de las experiencias cotidianas vividas por los locutores, este discurso interroga las interacciones entre jovenes con ciertos adultos y/o las instituciones.
Human herpesvirus-8 K8.1 gene encodes for two immunogenic class I glycoproteins, K8.1A and B, originating from spliced messages [(1998) Virology 243, 208–217]. The 228-amino-acid-long K8.1A open reading frame (ORF) contains four N-glycosylation sites and the 167-amino-acid-long K8.1B ORF contains three N-glycosylation sites, sharing similar amino- and carboxyl-termini with ORF K8.1A but with an in-frame deletion [(1998) Virology 249, 140–149]. To characterize the K8.1A and B glycoproteins in the infected body cavity-based B cell lymphoma (BCBL-1) cells and in the virion envelopes, monoclonal antibodies (MAbs) recognizing only K8.1A protein or both K8.1A and B proteins were generated. These antibodies reacted with the infected cell membranes and virion envelopes. Stable COS-1 transformant cells expressed the K8.1A and B proteins independently on the plasma membranes. MAbs recognized multiple proteins with molecular weights ranging from 23 to 72 kDa from the BCBL-1 cells and COS-1 cells and the 72 to 68 kDa molecular-weight proteins from the virion particles. The K8.1A is the predominant protein affinity purified from the infected BCBL-1 cells. Digestion with glycosidases show that these proteins contain both N- and O-linked sugars, suggesting that the multiple proteins recognized by the MAbs represent the precursor and product forms of K8.1A and B proteins, and the 72 to 68 kDa molecular-weight proteins represent the virion particle-associated mature forms of these glycoproteins.
A class of test statistics is introduced which is based on the Lp-distance between distributions. It is shown to be asymptotically normal both under the null and under the alternatives. The class is easily adaptable to multivariate distributions and to situations when parameters are estimated. It can also be modified to handle distributions defined on circles or when the data are sampled minima.
Poligami di Malaysia: Peruntukan dan Pelaksanaan
- Rahman Rahman
- Fatimah Siti
Mas Kahwin dalam Perundangan Islam, (Dower According to Islamic Law)
- Ishak
Keganasan Rumahtangga dari Perspektif Undang-undang dan Masyarakat di Malaysia
- Abdullah
The Status of Muslim Women in the Family Law in Malaysia and Brunei
- Ahmad Ibrahim
Harta Sepencarian dan Wang Simpanan KWSP: Satu Perbincangan Dari Sudut Sumbangan Secara Tidak Langsung
- Suwaid Tapah
Nafkah: Hak Anak dan Kewajipan Bapa” (Maintenance: Children's Right and Father's Obligation)
- Abdul Muhammad
- Kadir
Hukum Harta Sepencarian dari Sudut Pandangan Wanita Peneroka Felda: Satu Laporan Kajian Awal”, dalam Tajul Arus Ahmad Bustami dan lain-lain
- Zaleha Kamaruddin
Fasakh for Failure to Mantain
- Ahmad Ibrahim
Customary Law of Rembau
- E N Taylor
Status Harta Suami atau Isteri di Sepanjang Perkahwinan
- Hamat
Keganasan Rumahtangga: Sejauhmanakah Akta Keganasan Rumahtangga 1994 dapat melindungi Isteri
- Adil
Sejarah Penulisan Dan Perlaksanaan Hukum Islam Di Nusantara
- Borhan
Settling Marital Disputes in a Syariah Court in Malaysia
- Zaleha Muhammat
Reformasi Undang-undang Keluarga Islam
- Buang
For the Best Interest of the Child: The Impact on the New Approach of Custody Order in Malaysian Legislation
- Najibah Zin
- Mohd
Justice Delayed Is Justice Denied: Delays In Disposition Of Matrimonial Cases In The Shariah Courts In Malaysia And Its Impact On Women Petitioners
- Zaleha Kamaruddin
Poligami Dan Kebebasan Beragama Di Bawah Perlembagaan Persekutuan, Zakaria Abdul Rahman Lwn Ketua Polis Negara Malaysia Dll
- Bari
Malay Customary Law and the Family” dalam David Buxbaum, Family Law and Customary Law in Asia: A Contemporary Legal Perspective, 179. The Hague
- Mohd Ali
- Din
Kaedah Perceraian Khul’ atau Tebus Talak
- Haji Ikhsan Abu Nairn Bin
How the Best Interests of the Child is Best Served in Islamic Law with Special Reference to Its Application in the Malaysian Shariah Court
- Najibah Zin
- Mohd
Law-Introductory Sketch”, Papers on Malay Subjects
- R J Wilkinson
Marriage and Divorce - The Law Applicable to Muslims in Selangor and the Federal Territory”
- Mehrun Siraj
The Law and Customs of the Malay with Reference to the Tenure of Land
- W E Maxwell
Wanita Dan Kelewatan Kes Di Mahkamah Syariah: Antara Persepsi Dan Reality(Women And Delayed Cases In The Syariah Courts: Between Perception And Reality)
- Zaleha Kamaruddin
Delays in Disposition of Matrimonial Cases in the Shariah Courts in Malaysia
- Zaleha Kamaruddin
Introduction to Divorce Laws in Malaysia, IIUM Cooperative Ltd
- Zaleha Kamaruddin
A Malay Legal Miscellany
- R O Winstead
- J E Kempe
The Islamic Concept of Marriage
- Hassan Abdul Hassan
- Jalil
Penggubalan dan Peruntukan Undang-undang Keluarga Islam Selangor 1984: Satu Analisis
- Bahari
Peruntukan Kewangan bagi Wanita Islam dalam Akta Undang-undang Keluarga Islam Wilayah Persekutuan, 1984“ (Financial Provisions
- Raihanah Abdullah
Women, Divorce and Islam in Kedah
- Zaleha Muhammat
Peruntukan Nafkah Anak di dalam Undang-undang Keluarga Islam di Malaysia”
- Suwaid Tapah
Nafkah: Peruntukan Undang-undang dan Pelaksanannya”
- Raihanah Abdullah
The Shariah Courts and Its Control of the Divorce Rate
- Mehrun Siraj